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Listserv Q&A for
"Filing PERM Cases For Advanced Practitioners"

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Question:

What advice, recommendations or insight can you provide regarding combined job duties of several occupational classifications and identifying an O*Net Code for the same under PERM?

I am finding that Employers are frequently hiring foreign nationals having degrees and experience in several occupations, not necessarily related. The employers seek out these types of persons so that they can keep their workforce lean by not having to hire two people, such as business major and manufacturing engineer; or an IT major and marketing major. Usually, one degree is obtained abroad and the other one in the States.

Answer by Joel Stewart:

This question is a bit more generalized. I would ask the questioner to consider avoiding combinations of job duties, since they are the most difficult to document and justify. The business necessity standard for combinations is higher than the other business necessities. On the issue of various diplomas, I think that is very easy...it is permitted under PERM...you can read the Kellogg decision (BALCA) or read my article the Kellogg Quandry" -- following that take another look at the PERM regs and see how they have codified Kellogg -- in a nutshell, you can have the alternate combinations of experience, education, and training you want both under pre-PERM and under PERM no problem!


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